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Green Bay, WI car accident wrongful death attorneyEvery year, tens of thousands of Americans are fatally injured in motor vehicle collisions. According to the National Highway Traffic Safety Administration (NHTSA), 36,560 people lost their lives in car accidents in 2018. This means a person is killed in a car accident every 14 minutes. If a member of your family has been killed in a collision, you will want to understand your legal options for addressing the financial and emotional harm your family has suffered. By working with a personal injury attorney, you may be able to file a wrongful death claim to recover financial compensation. 

What Is a Wrongful Death Claim? 

A wrongful death claim may be pursued against a person or party whose negligent or intentional actions caused the death of another party. These claims will typically be filed by a representative of the deceased’s estate, and a victim’s survivors, such as a spouse, minor children of deceased parents, or the parents of a deceased minor, may also be able to recover compensation for their losses. It is important to note that not every family member may have the right to pursue a claim, so family members should immediately seek legal advice to determine whether they have a right to pursue a claim for damages.

The estate of the victim and their survivors may be able to recover compensation for multiple different types of damages. These include the medical care the victim received before passing away, the pain and suffering they experienced, and costs related to their funeral or burial. Family members may also seek compensation for loss of future income the deceased would have earned, loss of companionship, loss of services the victim would have provided to the family, and grief, sorrow, and mental anguish.

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Appleton wrongful death attorneyDeath is never easy, but it can be especially difficult to deal with if a person was killed because of someone else’s negligent actions. Even if the death was not intentional, a person’s surviving family members will be forced to deal with the financial challenges and emotional anguish that are involved in their loved one’s passing. Although financial compensation cannot bring someone back, a wrongful death claim can help address the monetary setbacks that resulted from the death. If your loved one has died because of the careless actions of another person or company, you should speak with an experienced personal injury attorney to determine the steps you should take to address the damages your family has suffered.

Common Causes of Wrongful Death

Although wrongful deaths can occur for a wide variety of reasons, there are certain situations that present a higher risk of a person being killed due to someone else’s negligence. Most commonly, wrongful deaths occur because of:

Pursue a Wrongful Death Claim

According to Wisconsin Statute 893.54, a wrongful death claim must be filed within two years after a person was killed in a car accident, or three years after a death occurred because of another type of negligent act. The surviving family members of the deceased have a right to seek compensation for:

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Appleton, WI wrongful death lawyer

The death of a loved one is difficult in any circumstances, but it can be especially painful if a person was killed because of someone else’s negligence or wrongful acts. In these cases, a person’s surviving family members will not only suffer a great deal of emotional pain, but they may also experience significant financial difficulties. In addition to the loss of the income earned by the deceased person, there may have been a variety of other expenses, such as medical treatment prior to the person’s death and funeral and burial costs. In order to address the financial and personal impact of a loved one’s death, their survivors may be able to pursue a wrongful death lawsuit against the person who was responsible.

Wrongful Death Cases in Wisconsin

Wisconsin law defines wrongful death as the death of a person that is caused by another person’s “wrongful act, neglect, or default.” If a victim could have sought compensation from the liable party through a personal injury lawsuit had the death not occurred, their survivors may pursue a wrongful death claim. Eligible survivors include a spouse or domestic partner, children, parents, and in some cases, siblings. The personal representative of a person’s estate may also file a wrongful death action.

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